An insider's view of what is really happening in the Harris County Criminal Courts

Sunday, November 29, 2009

Post-Thanksgiving Wrap Up

Since I first set foot in Harris County as a lawyer over ten years ago, I've always loved this time of year at the courthouse.

Things are starting to wind down for the year. Prosecutors and Defense Attorneys are a little less snippy with each other. There's kind of an aura of goodwill towards each other that will disappear on the first work day of the new year.

But, sadly, that also means that it is a really dull time to be a blogger.

Yep, there just isn't too much to report on around the old CJC generally this time of year. About the only thing worth noting last week was that the Pre-Commits finally got sworn in as bonafide prosecutors. In typical fashion, Lykos kept it a closed ceremony so none of the new lawyers' families could attend. That was some PR genius, Snooks.

But on the whole, things are quiet, and that's a good thing, I suppose.

I will point out that my friend, Pat McCann, wrote a great piece in the Chronicle today about the execution of his client, Robert Lee Thompson. If you didn't read it, check it out. It's a heartfelt article that kind of gives you an insight to the work that Pat does on a daily basis. It also shows why I admire Patrick so much.

It may give the rest of Harris County time to reflect on the year that could have been... Should be an interesting start to a new year soon with a few interesting judge races coming in March. Prosecutors (current and former) running for judge and the "hope" that Harris County will see the error of their ways in electing incompetence to D.A.

I don't know McCann so I will defer to your impressions of him. However, I do know Thompson, perhaps far better than he does. Perry was absolutely right in denying him commutation. He was a vicious criminal without any empathy towards his victims. And as I explained to Moran, no lawyer could or should have gotten him off. The big difference between he and his co-defendant in the parties scenario was the number of shots fired and conduct during the crimes. Thompson actually fired numerous times, hitting his victim multiple times, and then beat the victim with the cash register tray, but he lived through no fault of Thompson's but for his marksmanship, though he succeeded in killing in his earlier crimes. His co-defendant was not the trigger man in earlier crimes and only shot once in the case tried, making felony murder a viable defense.

His other arguments for creating, in essence, a trial de novo in front of the parole board also makes little sense to me. That's the wrong forum for trying the facts.

If the issue is, as he claims, that many are incarcerated for crimes that in appropriate for prison (and I agree with many), the the place to go is the legislature.

As I told the appellate folks that kept me apprised of the commutation process as it occurred, and then expressed frustration at the public comments from the defense: It's the job of the defense to blow the horn for their clients, but its unethical, or at least bad form for the state to respond.

Scott,The voters don't really care about what is going on at 1201 Franklin unless they are personally affected or the media appropriately reports on the offensive behavior. So ask yourself: what proportion of Harris County citizens will be adversely impacted by the criminal justice system and who in the media besides Ted Oberg will inform the masses about what you are privy to?Don't kid yourself....

I am thankful that I live in Texas where the naive blather and outright deception of defense lawyers gains little credence with the public. McCann's diatribe in the Chronicle will find empathy in liberal la-la land and California, but not here. Thanks to jigmeister for clarifying the real story behind the case.

I read your blog regarding the officers shot in Washington state. How you tie Lykos to that behavior is beyond me. Have you or AHCL ever thought that Lykos is getting good press because she is actually doing a good job. Lykos can't fix that office overnight or in one year but she has it moving in the right direction. Your blog is almost more hateful than AHCL's blog.

I overheard something Tuesday that has to be the funniest thing I have heard all year. I was in holdover talking with my client when a defense attorney talking with his client started becoming increasingly frustrated and raised his voice enough so that I could hear his end of the conversation. Clearly, he was dealing with a recalcitrant, obnoxious client who would not be reasonable and was questioning his attorney's abilities, credentials and parenthood. I wasn't paying much attention and didn't recognize the defense attorney's voice. After all, this is a daily occurrence in the holdover cells. However, when I heard the defense attorney loudly and indignantly say "I do know my way around a courtroom you know, I've had 4 people executed," it startled me so much that I turned and saw one of the former DA chiefs sitting in the male section of the holdover. I started laughing so hard I couldn't continue with my client for a few minutes. So word up, former prosecutors, telling your defendant client how many people you've had executed is probably not the most reassuring way to advertise your trial skills. But still, it was pretty damn funny.

Anon 11:49 you need to get your head out of the sand (or other places) and look at the office. Good job, hardly. If you thought Chuck had the good old boy system in place, Lykos has put him to shame for she is an expert. Of course she has been the recipient and beneficiary of the GOB system for years.

About Me

I practice criminal law and criminal law only. I've been involved in the criminal justice system since I was in college, and I've been practicing in Houston for over 17 years.
Most people never have to come down to the Harris County Criminal Justice Center unless they have jury duty. This blog is meant to give the Outsider an inside view.
These are just my opinions. The opinions of the Commenters are also just their opinions and I don't endorse them. But (within reason), I want everybody to be able to have a forum to say what they want to say.